Auto-Owners Insurance v. Thorn Apple Valley, Inc.

How later courts describe this case

• finding that ADM waived the right to assert certain matters as defenses to CPC's claims of infringement by failing to identify them in response to CPC’s interrogatories and by failing to include them in the draft pretrial order
• restating the “settled proposition” that a denial of certiorari “does not constitute a ruling on the merits”
• requiring copying of computer program to be nearly identical because Apple had freely licensed 90% of allegedly infringing program
• holding the application of the felony-murder aggravator harmless beyond a reasonable doubt where remaining aggravator - especially heinous, atrocious, or cruel - was supported by proof that elderly victim was murdered b y repeated blows to the head
• "Blank forms are one example of a feature that is unprotectable because functional.”